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Minutes 66-02-28100 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD February 28, 1966 The Cypress City Council held a regular meeting on February 28, 1966, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Gorzeman, McCarney, Wright, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex; City Attorney Leonard Hampel4 Administrative Assistant Dartell Dalton; Public Works Director Arthur Schatzeder; and Secretary of the Planning Commission GeorSe Putnam. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the minutes of the Special City Council meeting of February 7, 1966, be approved as mailed. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried to approve the minutes of the meeting of February 14, 1966, with the following addition to paragraph 5 on Page 9 concerning the Ball Road Sewer Relocation: "Mayor Pro-Tem Gorzeman indicated he was not in favor of continuing this matter until the evening session since no further information would be available at that time." ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Agenda Items 1 through 3 were Public Hearings scheduled for the 7:30 p.m. portion of the meeting, the City Council proceeded to Item No. 4 on the agenda. COMMUNICATION FROM STATE COMMISSION ON PEACE OFFICER STANDARDS RE: REIMBURSEMENT TO CITY FOR PARTICIPATION IN TRAINING PROGRAM: Upon the suggestion of the City Manager, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to continue this item until the 7:30 p.m. portion of the meeting. COMMUNICATION FROM CENTRALIA SCHOOL DISTRICT RE: "ORANGE COUNTY SCHOOL BUS SAFETY WEEK": The City Manager presented a communication dated February 10, 1966, from Mr. Dick Fischer, Transportation Supervisor for the Centralia School District, outlining the need for greater emphasis on school bus highway Safety, and requesting the proclamation of March 7-12, 1966, as "Orange County School Bus Safety Week." Upon the consent of the City Council members, Mayor Noe proclaimed the week of March 7-12, 1966, as "Orange County School Bus Safety Week" in the City of Cypress. COMMUNICATION FROM BUENA PARK CITY COUNCIL RE: CHANGE OF NAME OF "KNOTT STREET": The City Manager presented a communication dated February'~10, 1966, from the Buena Park City Council, indicating a desire to retain the name of "Knott Street" where it exists in Buena Park and requests consideration of the change of "Goldenwest" to'Knott" for the entire length of its route. The City Manager explained that Buena Park's communication had been prompted by the City of Westminster, which had requested the changing of the name of "Knott" to'~oldenwest" within the City limits of Buena Park. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to receive and file the communication and instruct the City Manager to notify the Orange County Street Naming Committee that the City of Cypress is in favor of retaining the name of "Knott" Street. February 28, 1966 COMMUNICATION FROM WESTMINSTER CITY COUNCIL RE: NUMBER OF MEETINGS OF THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION: The City Manager presented a communication dated February 11, 1966, from the Westminster City Council, requesting an opinbn from the City of Cypress concerning an increase in the number of meetings held by the Local Agency Formation Commission. The City Manager explained that the Local Agency Formation Commission meets only once a month, which can result in considerable delays in annexation proceedings. Following discussion, it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to concur in the City of Westminster's suggestion that the Local Agency Formation Commission meet twice a month, and further direct the City Manager to communicate with the Orange County League of Cities, requesting that this matter be given further study. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0" COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, McCarney, Wright, and Noe None Kanel COMMUNICATION FROM MR. ROBERT FLANDRICK RE: RESULTS OF CITY OF BAKERS- FIELD VS. MILLER: The City Manager presented a communication dated February 14, 1966, from Mr. Robert Flandrick, of Martin & Flandrick, expressing appreciation for the City of Cypress acting as a Friend 6f the Court in the litigation known as City of Bakersfled vs. Miller. The City Manager explained that the State Supreme Court, in a unanimous decision, affirmed the right of the City to secure injunctions against building code violations on the basis of being a public nuisance. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM STATE DIVISION OF HIGHWAYS RE: ASSEMBLY BILL NO. 3404: The City Manager presented a communication dated February 14, 1966, from Mr. R. E. Deffebach, Deputy District Engineer of the State Division of Highways, transmitting a copy of Assembly Bill No. 3404 and an interpre- tation of the provisions of said Bill prepared by the State Division of Contracts and Right-o~-Way as this legislation relates to public hearings for the establishment of State highway routes. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried to refer this communication to the City Attorney for his written opinion. COMMUNICATION FROM CYPRESS CHAMBER OF COMMERCE RE: CHANGE OF ZONE NORTH OF BISHOP STREET: The City Manager presented a communication dated February 22, 1966, from the President of the Cypress Chamber of Commerce, requesting that the City Council give consideration to rezoning of the property on the north side of Bishop between Walker and the Pacific Electric Railroad tracks from R-4 to H-C or P-D, to allow for a greater depth in the current H-C zoning on Lincoln Avenue. Following discussion, it was nDved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to refer this matter to the Planning Commission for study and recommendation. In answer to a question from Councilman Gorzeman, the City Manager stated that this action was not initiating a zone change, but merely referring this matter to the Planning Commission for study. COMMUNICATION FROM COUNTRY SQUARE PROPERTY OWNERS RE: CONDITION OF PARKWAY ON KNOTT AVENUE: The City Manager presented a communication dated February 14, 1966, in the form of a petition, signed by 30 property owners, requesting that immediate attention be given to the condition of the parkway on Knott Street south of Cerritos and to the entrance from Knott Street ~ Jonathan Avenue. He further stated that the property owners involved had requested this matter be considered at the evening portion of the City Council meeting. Coundlmmn Gorzeman suggested, however, that the City Council discuss the problem at this time p~ior to further consideration during the evening portion of the meeting. February 28, 1966 The City Manager stated that the lowering of the oil lines and the installation of the permanent street improvements on Knott Avenue is the ultimate solution for the problem outlined in the communication. COUNCILMAN KANEL ARRIVED AT 3:22 P.M. AND TOOK HIS CHAIR ON THE PODIUM City Attorney Leonard Hampel reviewed the status of the litigation concerning the street improvements, stating that the pre-trial had been scheduled for April 15, 1966, and the trial for May 23, 1966. Following further discussion concerning this matter, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to continue consideration of the subject communication until the evening portion of the City Council meeting. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5374 (LARWIN COMPANY): Upon the suggestion of the City Manager, it was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to continue consideration of Tentative Tract Map No. 5374 until the 7:30 p.m. portion of the meeting. ACCEPTANCE OF STREET IMPROVEMENTS AND RELEASE OF BONDS--NORTHEAST CORNER OF BALL AND WALKER: A report dated February 23, 1966, was presented from the Public Works Director, recommending acceptance of the street improve- ments constructed by Shell Oil Company at the northeast corner of Ball Road and Walker Street, subject to striping the barricade on Walker, north of Ball Road. COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM SINCE HE OWNS THE SUBJECT PROPERTY It was moved by Councilman Kanel, seconded by Coundlman Wright, and unanimously carried, to accept the street improvements for the north- east corner of Ball Road and Walker Street, subject to striping the barricade on Walker Street north of Ball Road and authorize the City Clerk to exonerate the bond in 90 days following acceptance if no mechanics' liens have been filed. The following roll call vote was taken: AYES: 4 COUNCILMEN: Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Gorzeman COUNCILMAN GORZEI~ RETURNED TO HIS CHAIR ON THE PODIUM. CARBON CREEK CHANNEL DEDICATION OF RIGHT-OF-WAY TO ORANGE COUNTY FLOOD CONTROL DISTRICT: A report dated February 23, 1966, was presented from the City Manager, outlining the need to dedicate the northerly 12 feet of Myra Avenue and the southerly 8 feet of Belle Avenue from Moody Street to Bloomfield Street to the Orange County Flood Control District in order that the District can raise and strengthen the levees in that location. Following discussion concerning this matter, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to con- tinue this matter until the evening portion of the City Council meeting, at which time the City Attorney will have the required Resolution available authorizing the transfer of the subject property. STATE DEPARTMENT OF FINANCE POPULATION ESTIMATE: A report dated February 24, 1966, was presented from the City Manager, outlining the need for a State Department of Finance population estimate with a certification date of April 1, 1966. Following brief discussion, it was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to approve the Agreement with the State Department of Finance for conducting a population estimate with a certification date of April 1, 1966, and further authorize the Mayor to sign and the City Clerk to attest the subject Agreement. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None February 28~ 1966 CITY COUNCIL CONSENT TO SUMNER ANNEXATION: A report dated February 24, 1966, was presented from the City Manager, stating that in response to a request from several property owners in an area bounded by Crescent on the north, Sumner on the west, Lincoln on the south, and Moody on the east, the City staff had prepared the necessary documents for annexation of this area to the City of Cypress. The boundaries of this annexation, known as "Sumner Annexation", have been approved by the Local Agency Formation commiss~g~ and the Cypress Planning Commission haa recommended approval of the annexation to the City Council. The next step in the annexation procedure is for the City Council to consent to annexation of the area. During the general discussion concerning the advisability of including both sides of Crescent Street in the annexation, the City Manager advised the City Council that this was required by the Local Agency Formation Commission. In answer to a question regarding the property owners' interest in annex- ing the subject area, the City Manager advised that the City Council will be given an indication by both the circulation of the mnexation petition and the protests submitted at the time of the protest hearing. Following further discussion concerning the status of various adjacent areas, with reference to possible future annexations, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to adopt the following Resolution consenting to the Sumner Annexation,_and to authorize the publication of a Notice of Intention to Circulate a Petition for the subject annexation. Title of the Resolution is as follows: RESOLUTION NO. 673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO "SUMNER ANNEXATION" The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PARK DEVELOPMENT BUDGET--SOUTHWEST CORNER OF MOODY AND MYRA: A report dated February 24, 1966, was presented from the City Manager, outlining a proposed budget for the initial development of the 2.27 acre park site located adjacent to the library at the southwest corner of Moody and Myra, as requested by the City Council at its meeting of February 14, 1966. The report further recommended the employment of the firm of Recreation Land Planners for the design work on the park. Mayor Noe declared a recess at the hour of 4:20 p.m. The meeting was called back to order at 4:26 p.m., all City Councilmen being present. Discussion was held concerning the advisability of constructing restrooM at the subject park site. Mr. Charles Bryant, Cypress Park and Recreation District Director, addressed the Council, stating that restrooms are vandalized if there is no supervision at the park site. Following further discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve the budget as outlined in the City Manager's report dated February 24, 1966, in the total amount of $14,740.00 and further to authorize the enployment of the firm of Recreation Land Planners, 5992 Ridge Way, Yorba Linda, for the design work, in an amount not to exceed $1,000.00. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None In answer to a question from Councilman Gorzeman, the City Manager stated that a report would be prepared concerning the feasibility of construct- ing restrooms at the park. February 28, 1966 DEVELOPMENT OF COMMUNITY SPORTS CENTER SOUTH OF ORANGE, EAST OF GRAHAM: A report dated February 24, 1966, was presented from the City Manager, outlining a proposed budget for development of the Community Sports Center on the property leased by the Cypress Park and Recreation District from the Cypress School District, south of Orange, east of Graham. The report further summarized an Assignment of the Lease Agreement pre- pared by the City Attorney, whereby the Cypress Park and Recreation District assigns its interest in the lease between the District and the School Board over to the City, and a Joint Powers Agreement between the City and the Park and Recreation District which allows for the City to install the improvements and in return the District will be responsible for the maintenance and use of the facilities as a Sports Center. Plans and specifications have been submitted to the City which could be used to call for bids. Discussion was held concerning the possibility of the Park and Recreation District awarding the bids for the development of the park in order to expedite the project. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the budget for development of the Community Sports Center as outlined in the City Maneger's report dated February 24, 1966, in the total amount of $20,045.00. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to authorize the Mayor to sign and City Clerk to attest the Assignment of Lease Agreement upon approval by the Orange County Board of Supervisors and with the consent of the Cypress School District. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to adopt the following Resolution, authorizing the execution of the Joint Powers Agreement between the City of Cypress and the Cypress Park and Recreation District. The title of the Resolution is as follows: RESOLUTION NO. 674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING T~E MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CERTAIN JOINT POWERS AGREEMENT. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to approve =he Plans and Specifications, with the mtl additives and seed to be optional items, and authorize the City Clerk to advertise ir bids for the development of the Sports Center as outlined in the City Manager's report of Feburary 24, 1966, to be received by the City by 5:00 p.m. on Friday, March 18, 1966. The follow- ing roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None February 28, 1966 ABATEMENT OF PUBLIC NUISANCES IN TRACT NO. 4421: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to continue consideration of this matter until the evening portion of the meeting. CIVIL DEFENSE SURPLUS PROPERTY RESOLUTION: A report dated February 24, 1966, was presented from the City Manager, summarizing changes being made to up-date the Ctty's Civil Defense program, and recommending adoption of a Resolution designating City Manager Darrell Essex and Administrative Assistant Dartell Dalton as the officials who are authorized ~ sign for surplus property. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING SIGNATURES FOR SURPLUS FEDERAL PROPERTY The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None MONTHLY ACTIVITY REPORT, JANUARY 1966: It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to receive and file the Monthly Activity Report for January 1966. APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO..13537 'THROUGH 13559: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the Commercial Warrant List for Warrants No. 13537 through 13559 in the total amount of $8,139.85. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None APPROVAL OF PAYROLL WARRANT LIST, WARRANTS NO. 13560 THROUGH 13615: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the Payroll Warrant List for Warrants No. 13560 through 13615 in the total amount of $14,600.22. The follow- ing roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-142 (MARCUSSON AND SYKES): The City Manager presented the Ordinance approving Zone Change No. Z-142, changing the zone from R-1 and R-2 to C-2 (General Commercial) on that property generally located at the southwest corner of Orange and Valley View. In answer to a question from Councilman Gorzeman, the Secretary of the Planning Commission stated that the subject area would not be suitably zoned P-C (Planned Commercial), since the P-C zone was established for regional shopping centers with over 10 acres of land. Councilman Kanel stated that he had voted against this zone change since he feels it is creating strip zoning. Further discussion was held concerning the development plans for the subject area and concerning the possibility of amending the Zoning Ordinance to require Conditional Use Permits for service stations. February 28~ 1966 It was moved by Counc~man Wright, seconded by Councilman McCarney, and unanlmouely carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO.305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) AND R-2 (TWO-FAMILY RESIDENTIAL) TO C-2 (GENERAL CO~fi~ERCIAL) ZONE CHANGE NO. Z-142 It was moved by Councilman Wright, seconded by Councilman McCarney, and carried, to adopt this Ordinance. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, McCarney, Wright, and Noe Kanel None FOREST LAWN IMPROVEMENTS: Mayor Noe stated that he and Councilman Wright had informally met with Mr. Hilton and Mr. Blalock of Forest Lawn concerning various improvements needed adjacent to Forest Lawn, at which time the Forest Lawn representatives indicated they were willing to give further consideration to the improvement of Sumner Place and Crescent Street if the City will advise them of the cost estimate for the improvement. Mayor Noealso presented a copy of the Forest Lawn - Cypress History, prepared by Mr. Blalock for each of the City Councilmen. City Attorney James Erickson cautioned the City Council members against being persuaded by the "History", stating that he felt it was a legal brief prepared for the purpose of persuading the City Council in Forest Lawn's position. Mr. Erickson also questioned the advisability of Forest Lawn's Attorney setting up a meeting with the individual City Councilmen. RECESS: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to declare a recess at the hour of 5:30 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the follow- ing in attendance: PRESENT: Councilmen Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Public Works Director Arthur Schatzeder; Administrative Assistant Darrell Dalton; Building Superintendent Tom Nudson; Secretary of the Planning Commission George Putnam; and Acting Police Chief Robert Murray. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting. CONTINUATION OF PUBLIC HEARING RE: ZONE CH~aNGE NO. Z-147/CYPRESS PLANNING COMMISSION): The Mayor announced this was the time and place for the continuation of the Public Hearing to consider the rezoning of approximately 38 acres of property from P-D (Planned Devebpment) to P-C (Planned Commercial), generally located at the southwest corner of Ball Road and Valley View, initiated by the Cypress Planning Commission. The Mayor declared the Public Hearing open and a~ked if anyone in the audience wished to speak for or against the proposed use. February 28, 1966 107 The City Manager explained that this Zone Change had been continued from the last City Council meeting since more information was needed and one of the tvo property owners was not in favor of the zone change. He further explained that upon checking the Emergency Ordinance which had zoned the subject area to P-D (Planned Development) it had been determined that the P-D zoning was only for a period of six months and now has expired, leaving the property zoned as R-1 (One-family Residential). The City Manager presented a report dated February 24, 1966, from the Secretary of the Planning Commission, recommending the Zone Change No. Z-147 be terminated since one of the two property owners involved objects to the proposed zoning and since another property owner within the City is attempting to develop a regional or sub-regional shopping center at Valley View and Katella. Mr. M. Motira, 5856 Ball Road, Cypress, addressed the Council as owner of approximately one-half of the subject property, stating that a Mr. Lewis was going to speak on his behalf concerning this matter. Mr. Lewis addressed the Council, stating that Mr. Morita is concerned about the development of his property, particularly since it is largely dependent upon how Mr. Leal develops the property next to Mr. Morita~s, and recon~nended that the City Council allow the R-1 zoning to remain and consider zoning the Valley View and Katella location for Planned Commercial. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. Discussion was held concerning the shopping center proposed at the corner of Valley View and Katella. In answer to a question from Mayor Noe, the City Manager stated that at the time the Planning Commission had considered the subject Zone ChanSe, it was not known that a shopping center was being planned for Valley View and Katella. Following further discussion, it was moved by Councilman Wright, seconded by Councilman McCarney, and carried, to refer Zone Change No. Z-147 back to the Planning Commission for further study and recommendation. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, McCarney, Wright, and Noe Kanel None In answer to a question from Councilman Gorzeman, the City Attorney advised that a separate minute action would be necessary if the City Council desires the Planning Conmission to consider the feasibility of Planned Commercial zoning at Valley View and Katella. No further action was taken on this matter at this time. PUBLIC HEARING RE: SPECIAL PERMIT NO. 66-1~ KIRBY SALES AND SERVICE: The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit No. 66-1 to solicit vacuum cleaner sales and repair for Kirby Sales and Service as requested by Robert L. Proffer, 13911 Norwalk Boulevard, Norwalk, California. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed application. The City Manager presented a report dated February 23, 1966, s~ating that an investigation of the applicant by the Police Department has indicated that there appears to be no grounds for denial of the request, and recommended approval of the Special Permit subject to various conditions. The City Manager also advised that the affidavit of publi- cation of the Notice of Public Hearing was on file in the office of the City Clerk and no communications in favor of or opposed to the request had been received. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. February 28, 1966 It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to approve Special Permit No. 66-1 for Kirby Sales and Service to solicit vacuum cleaner sales and repairs in the City subject to the following conditions: 1. The necessary business licenses be obtained. 2. All persons soliciting for the Company must secure individual permits as required in Section 14 of Ordinance No. 283. 3. Any misrepresentation of the merchandise or other conditions of sale will be cause for cancellation and/or refusal to re-issue the permit. 4. Compliance with the provisions of Ordinance No. 283 concerning Special Permits. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Councilman Gorzeman inquired concerning the need for City Council action on applications of this nature. The City Manager advised that any change in the procedures concerning Special Permits would require an amendment to the City Code. Councilman Kanel stated he felt the City Council should continue to control the granting of permits for door-to-door solicitors. PUBLIC HEARING RE: MODIFICATION OF CONDITIONAL USE PERMIT NO. C-166 (LARWIN COMPANY): The Mayor announced this was the time and place for the Public Hearing to consider an application for Modification of Co~di- riohal Use Permit No. C-166 to construct townhouses on property generally located south of Orange Avenue, north of Ball Road, east of Bloomfield Avenue, and west of Denni Street, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, known as Modification of Conditional U~e Permit No. C-166. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. The City Manager stated that the affidavits of mailing and publica[ion of the Public Hearing Notices were on file in the Office of the City Clerk and no written communication has been received in favor of or opposed to the subject use. The Secretary of the Planning Commission presented Resolution No. 309 of the Planning Commission, reconmending approval of the Modifcation of Conditional Use Permit subject to 14 conditions. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. General discussion ensued concerning the open areas in the townhouse development, the numberof children occupying the development, policing problems, etc. Councilman McCarney suggested that the City should have more experience with townhouse developments before approving additional areas. Mr. Arthur Rosenthai, representing the Larwin Company, addressed the Council, stating that the request before the Council was merely a modification of Conditional Use Permit No. C-166, already approved by the City Council, and further stated that the modifications. requested would provide a better development than previously approved. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to approve Modification of Conditional Use Permit No. C-166 subject to the following conditions: February 28, 1966 109 1. All drainage fees shall be paid. Ball, Denni, Orange and Bloomfield shall be dedicated and improved to City standards. The street names as indicated are not approved. Lawrence Avenue shall be Tanglewood Drive; William Drive shall be Montara Drive; Michael Court shall be known as Granada Court; James Drive shall be known as Waverly Drive; Allen Road shall be Florencia Road; Frederick Court shall be Chelsea Court; Douglas Court shall be Mediterrania Court; Scan Court shall be St. Tropez Court. The curves in Bloomfield and Ball Road shall be realigned, the realignment to be approved by the City Engineer. The east curb of the Tanglewood Development to be aligned with the east curb of Tract 5072 along Somerset Drive. A six foot (6') high masonry wall shall be built along Bloomfield, Denni, Orange, and Ball Road, in areas where units back up to major arterial highways, this wall to be approved by the City staff. Boat and storage areas shall be indicated on the landscaping plans and approved by the City staff. All trash area locations shall be indicated on the landscape plans and approved by the City staff. The Orange Avenue parkway shall be landscaped and an automatic sprinkler system provided, the design to be approved by the City Engineer. 10. A minimum of five recreation areas shall be provided in the development, the size and content of the recreation areas to be approved by the City staff. 11. All end units on a front to end situation shall be one story. 12. All roadways and alleyways shall be improved to the edge of the garage slab to city standards, however, only the middle 26' of the alleyway shall be dedicated to the City. 13. All general conditions on previously approved Conditional Use Permits which are not in direct conflict with the conditions as outlined or on the accompanying plans for this Modification shall be in full force and effect. 14. Drainage to be solved to the satisfaction of the City Engineer. The following roll call vote was taken: AYES: 5 COUNCILMEN; NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None COMMUNICATION FROM STATE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING RE: REIMBURSEMENT TO CITY FOR PARTICIPATION IN TRAINING PROGRAM: Acting Police Chief Robert Murray prasented a communication dated February 10, 1966, from Mr. Robert S. Scares, Chairman of the State Co~mission on Peace Officer Standards and Training, transmitting a check to the City in the amount of $1,275.40, which represents the 1965 reimbursement to the City from the California Peace Officer Training Fund. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to receive the check in the amount of $1,275.40 from the California Commission on Peace Officer Standards and Training Fund. February 28, 1966 11o COMMUNICATION FROM COUNTRY SQUARE PROPERTY OWNERS RE: CONDITION OF PARKWAY ON KNOTT AVENUE: The City Manager presented a communication dated February 14, 1966, in the form of a petition, signed by 30 property owners, requesting that immediate attention be given to the condition of the parkway on Knott Street south of Cerritos Avenue and to the entice from Knott Street to Jonathan Avenue· The City Manager explained that the subject street improvements are currently under litigation proceedings with the New Amsterdam Casualty Company, and a complete report of this and other areas of concern relat- ing to the Country Square development is being prepared for:'a homeowners meeting that has been scheduled for Tuesday, March 1st. A gentlemen in the audience representing the homeowners who had signed the subject petition, addressed the Council, stating that at the time of signing the petition, they had not been aware of the meeting scheduled with the property owners, and further indicated that they would be willing to discuss this matter further at that time. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to receive and file the subject communication and request a complete report from the staff on the results of the homeowners meeting scheduled for March 1st. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5374 (LARWIN COMPANY): The City Manager presented Tentative Tract Map No. 5374, located north of Ball Road between Denni and Bloomfield, 861P-D lots, 89.2 acres, as requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Secretary of the Planning Commission presented a report dated February 18, 1966, outlining the Planning Commission's recommendation of approval of Tentative Tract Map No. 5374 subject to 16 conditions. The Publtz Works Director questioned the wording of Condition No. 4 recommended by the Planning Commission, suggesting that it be revised to read "Bloomfield, Orange, Denni, and Ball Road shall be dedicated and improved as required by the City Engineer." Mr. Art Rosenthai, Director of Engineering for the Larwin Company, addressed the Council concerning Condition No. 4, stating that he feels the Larwin Company should not be required to remove the existing paving if the street grade is changed. Following discussion concerning the street improvements, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and carried, to approve Tentative Tract Map No. 5374, subject to the following conditions: 1. The blue border be extended to the centerline of all streets. The street names as indicated are not approved, the approved street names being those approved under Modification of Conditional Use Permit No. C-166. 3. All drainage fees shall be paid. Bloomfield, Orange, Denni, and Ball Road shall be dedicaeed and improved as required by the City Engineer. Radius of the curb line on all alleys shall be 15' and the radius for all street curb lines shall be 25'. All streets shall be dedicated and fully improved in accord- ance Vith City standards and the approval of the City Engineer. 7. There shalI be 40' of paving on interior streets. On the peripheral streets around the school there shall be an 8' parkway along the school side with tree wells spaced 40 feet apart. The peripheral street around the school shall be 54' in width. ....... F ebruary 28, 1q66 9. The center 26' of the alley section shall be dedicated to the City, however, the total alley section shall be improved to City standards. 10. The east curb line of Somerset Lane shall be aligned with the east curb line of Somerset Lane in Tract 5072. 11. Drainage shall be solved to the satisfaction of the City Engineer. 12. A master storm drain shall be constructed as per agreement between the City and the Larwin Company, the design and location of which shall be approved by the City Engineer. 13. Total acreage needs shall be revised to indicate fee ownership. 14. The Tentative Tract is approved subject to obtaining approval of Modification of Conditional Use Permit No. C-166. 15. Alley turn-arounds shall be p~ovided, subject to the City Engineer's approval of the location and type. 16. Advance payment of street lighting energy charges shall be paid. The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, Wright, and Noe NOES: 1 COUNCILMEN: McCarney ABSENT: 0 COUNCILMEN: None CARBON CREEK CHANNEL DEDICATION OR RIGHT-OF-WAY TO ORANGE COUNTY FLOOD CONTROL DISTRICT: A report dated February 23, 1966, was presented from the City Manager, outlining the need to dedicate the northerly 12 feet of Myra Avenue and the southerly 8 feet of Belle Avenue from Moody Street to Bloomfield Street to the Orange County Flood Control District in order that the District can raise and strengthen the levees in that location. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. 676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING ~lqD DIRECTING THE MAYOR TO SIGN AND CITY CLERKTO ATTEST ANY DEEDS OR OTHER DOCUMENTATION NECESSARY TO TRANSFER CERTAIN PROPERTY TO THE OR~lqGE COUNTY FLOOD CONTROL DISTRICT The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None DEVELOPMENT OF COMMUNITY SPORTS CENTER SOUTH OF ORANGE~ EAST OF GRAHAM: The City Manager stated that in a further discussion with the City Attorney concerning the Council action taken at the afternoon session regarding the development of the community sports center south of Orange, east of Graham, the City Attorney has advised that the project could be expedited through an amendment to the Joint Powers Agreement between the City and the Park and Recreation District which would authorize the Park District to undertake the installation of the improvements to the park. In answer to a question from Councilman Gorzeman concerning a guarantee to the City on the costs of the improvements, the City Manager stated that the amounts could not exceed those set forth in the Jda~t Powers Agreement. He further suggested that the Joint Powers Agreement could contain a provision that the improvement costs would be subject to City staff approval based upon the approved budget for this project. February 28, 1966 Mrs. Barbara Robertson, 5212 Marcella Avenue, Cypress, addressed the Council, inquiring concerning the o~nership of the land for the Sports Center. The City Manager explained that the land was owned by the Cypress School District and leased to the Cypress Park and Recreation District and further reviewed the Assignment of Lease Agreement regard- ing this property. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to reconsider the action taken during the afternoon session of the meeting in the adoption of Resolution No. 674, which authorized the execution of the Joint Powers Agreement between the City of Cypress and the Cypress Park and Recreation District. It was further moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to amend Resolution No. 674, to include an authorization to execute the Joint Powers Agreement in the form which is attached as Exhibit "A" to the Resolution or as Exhibit "A" in a form modified to permit the purchase and installation of the facilities by the Cypress Park and Recreation District rather than the City, subject to the approval of the purchases by the City Manager and subject to the limitation that the purchases shall not exceed the amounts shown in the approved budget. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOE8: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None In answer to a question from the City Manager, the City Attorney advised that no further action should be taken to rescind the action taken by the City Council in the afternoon session concerning approval of the plans and specifications. Councilman Kanel inquired if he should have abstained from voting on this matter since he is a member of the Board of Directors of the Federal Little League, which will be using the Sports Center. The City Attorney advised that there was no conflict of interest in this case since the Federal Little League has no formal commitments for the facilities at this time. ABATEMENT OF PUBLIC NUISANCES IN TRACT NO. 4421: A report dated February 24, 1966, was presented from the City Manager, outlining the actions ~hich have been taken by the Building Department in requesting rehabilitation of unoccupied housesin Tract No. 4421 at 6882, 6902, 6892, and 6922 Jonathan, and reviewing the problems in abating these nuisances due to the fact that foreclosure papers had been filed on Ball Properties, the owner, for 26 vacant houses in the tract. The report further reviewed the hazardous condition of the girage at 6882 Jonathan, due to a fire which took place on February 18th. The City Manager recommended that the City Council instruct the Building Superintendent to have the garage demolished and secondly to order the abatement of the nuisances at 6882, 6902, 6892, and 6922 Jonathan follow- ing the conclusion of the foreclosure proceedings. In answer to a question from Councilman Gorzeman, the City Attorney advised that the abatement proceedings could be started within about two days if authorized by the City Council. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to instruct the Building Superintendent to have the garage at 6882 Jonathan Avenue immediately demolished. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None February 28, 1966 113 Mr. James Jones, a resident of the subject tract, addressed the Council, inquiring as to why Ball Properties, the original owners of the tract, were not being held liable in this matter. The City Attorney explained that Ball Properties no longer in in business due to bankruptcy. It was further moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to order the abatement of the nuisances at 6882, 6902, 6892, and 6922 Jonathan Avenue. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: IBSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None None ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to adjourn the meeting at 9:28 p.m. ATTEST: C~TY~CL~RK'O~i'HE~CZTY/OF CYrRESS February 28, 1966